Search: UNCLOS
01 Oct Book Symposium Investment Law: A reply to Prof. Tullio Treves’ comments
...Let us also not forget that denunciations are only effective for the future, and that all claims arising before the denunciation of the ICSID Convention and of corresponding BITs are still in theory arbitrable. Finally, we thank Prof. Treves for his suggestion to examine the extent to which the ‘prompt release’ procedure under Art. 292 of UNCLOS could be mirrored in international investment law. This sort of mechanism indeed would have several advantages such as, as mentioned by Prof. Treves, bringing the home state back in the picture. This would...12 Jan Events and Announcements: 12 January 2025
To have your event or announcement featured in next week’s post, please send a link and a brief description (1-2 paragraphs) to ojeventsandannouncements@gmail.com. Call for Applications ITLOS – Nippon Foundation Capacity Building and Training Programme 2025-2026: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2025 – March 2026, to be held at ITLOS (Hamburg, Germany), is welcoming applications until 6 March 2025. The programme is aimed at junior or mid-level government officials and researchers mainly from developing countries who are currently working on issues related to the law of the...29 Oct What Does China Mean When It Celebrates the “International Rule of Law”?
...kinds as well) no matter what the justification. So don’t count on a Chinese vote for that Syria intervention. 4) Go Democracy (between, but not within, nations)! The statement also endorses democracy…that is to say, democracy in international lawmaking. It accuses some countries (the One-Who-Must-Not-Be-Named) of trying to make “rules of certain countries as “international rules”, and their standards “international standards”. I am guessing this is clearly a shot at the U.S. in areas as varied as trade laws, IP, and human rights. 5) Philippines and UNCLOS arbitral tribunal: Don’t...19 Aug The Chickens Come Home to Roost — U.S. v. Said
I have to respectfully disagree with Dave’s interpretation of Judge Jackson’s decision. The decision is almost certainly incorrect from the standpoint of the law of nations; as Dave rightly points out, the definition of piracy in the High Seas Convention and in UNCLOS likely represents the customary standard. But I think Judge Jackson’s decision makes complete sense given the US’s Alice-in-Wonderland approach to international law, whereby the Congress simply defines the “law of nations” as it pleases, no matter how idiosyncratic — read: wrong — that definition may be. In...02 Sep Upcoming Events: September 2, 2012
...and Comparative Law, in conjunction with the Law Society of Northern Ireland, presents UNCLOS at 30, commemorating the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (“UNCLOS”), November 22-23, 2012 in Belfast, Ireland. Additionally, the British Institute of International and Comparative Law has announced the 13th Annual WTO Conference May 15-16, 2013 in London. Last week’s announcements can be found here. If you are organizing a conference or other event and would like to see the call for papers or...
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
...present analysis, must be read closely together. Italy and Malta breached their obligations under UNCLOS, SOLAS and SAR There is little doubt that conduct by Italy and Malta was in breach of fundamental provisions on search and rescue of UNCLOS, the 1979 International Convention on Maritime Search and Rescue (“SAR”) and the Regulations adopted pursuant to the 1974 International Convention for the Safety of Life at Sea (“SOLAS”). This is inexcusable. The question before the Committee, however, was only whether the ICCPR was breached. The preliminary question was of course...16 Jun ITLOS Elections
Last week, the states parties to the U.N. Convention on the Law of the Sea (UNCLOS) held elections for seven of the 21 seats on the International Tribunal for the Law of the Sea (ITLOS). Here are the results: Among those seven members, Judge Wolfrum (Germany), Judge Akl(Lebanon), Judge Marotta Rangel (Brazil), Judge Chandrasekhara Rao (India) and Judge Jesus (Cape Verde) were re-elected and Mr Bouguetaia (Algeria) and Mr Golitsyn (Russian Federation) were newly elected by the States Parties. The biographies of the judges who were re-elected are available on...25 Nov Weekend Roundup: November 17 – 24, 2012
...of the Security Council in this area. Continuing on this “watery” theme, Ken Anderson wrote about a new set of amendments agreed by Mexico and the US to the 1944 Colorado River Pact and Julian Ku blogged again about Argentina’s claim under the UNCLOS against the seizure of its naval training ship in Ghana. In his post, he agreed with Matthew Happold’s argument that the ITLOS does not jurisdiction because this is not an UNCLOS question. Julian also pointed out that Colombia is already looking for alternative legal mechanisms to...15 Dec China Launches Op-Ed Rebuttal to Philippines’ Arbitration Case
The UNCLOS Arbitral Tribunal formed to consider the dispute between the Philippines and China gave China until January 1 to file a response to the arguments made by the Philippines at its most recent merits hearing. China had not showed up at any of the hearings, nor has it submitted any official written arguments to the Tribunal. I don’t know if China will file any submissions (don’t hold your breath), but its state-run flagship The People’s Daily has launched an op-ed fusillade this week attacking the Philippines. Perhaps, this is...